[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Page 21006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08151]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket Nos. AB 167 (Sub-No. 1193X); AB 55 (Sub-No. 730X); AB 290 (Sub
No. 345X)]
Consolidated Rail Corporation, CSX Transportation, Inc., and
Norfolk Southern Railway Company--Discontinuance Exemptions--in
Monmouth County, N.J.
On March 19, 2013, Consolidated Rail Corporation (Conrail), CSX
Transportation, Inc. (CSXT), and Norfolk Southern Railway Company (NSR)
(collectively, applicants) jointly filed a verified notice of exemption
under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service for each carrier to discontinue service over
an approximately 5.10-mile line of railroad extending from milepost
19.30 to milepost 24.40, in Monmouth County,
N.J. The line traverses United States Postal Service Zip Codes 07727
and 07728.
Applicants have certified that: (1) No local or overhead traffic
has moved over the line for at least two years; (2) any overhead
traffic that has moved or could move over the line can be rerouted; (3)
no formal complaint filed by a user of rail service on the line (or by
a state or local government entity acting on behalf of such user)
regarding cessation of service over the line either is pending with the
Surface Transportation Board or with any U.S. District Court or has
been decided in favor of a complainant within the two-year period; and
(4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the discontinuance of service shall be protected under Oregon Short
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon,
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition adequately protects affected employees,
a petition for partial revocation under 49 U.S.C. 10502(d) must be
filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) to subsidize continued rail service has been
received, this exemption will be effective on May 8, 2013, unless
stayed pending reconsideration. Petitions to stay that do not involve
environmental issues and formal expressions of intent to file an OFA to
subsidize continued rail service under 49 CFR 1152.27(c)(2) \1\ must be
filed by April 18, 2013.\2\ Petitions to reopen must be filed by April
29, 2013, with the Surface Transportation Board, 395 E Street SW.,
Washington, DC 20423-0001.
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\1\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,600. See 49 CFR 1002.2(f)(25).
\2\ Because applicants are seeking to discontinue service, not
to abandon the line, trail use/rail banking and public use
conditions are not appropriate. Likewise, no environmental or
historic documentation is required here under 49 CFR 1105.6(c) and
49 CFR 1105.8(b), respectively.
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A copy of any petition filed with the Board should be sent to the
applicants' representative: Benjamin C. Dunlap, Jr., Nauman, Smith,
Shissler and Hall, LLP, 200 North Third Street, 18th Floor, Harrisburg,
PA 17101.
If the notice contains false or misleading information, the
exemption is void ab initio.
Board decisions and notices are available on our Web site at
``www.stb.dot.gov.''
Decided: April 2, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-08151 Filed 4-5-13; 8:45 am]
BILLING CODE 4915-01-P